Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2615

Introduced by Assembly Member Wood

February 19, 2016

An act to amend begin delete Section 8483 end delete begin insert Sections 8423, 84726, 8483.3, end insert begin insert 8483.7, and 8484 end insert of the Education Code, relating to after school programs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2615, as amended, Wood. After school programs.

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Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of the state.

end insert begin insert

This bill would define “urban and rural areas” and “northern, southern, and central California” for purposes of that provision requiring, to the extent possible, equitable distribution of grant awards across the state. The bill would authorize the department to withhold or terminate the grant allocation of any site or program that does not comply with specified reporting requirements.

end insert

Existing law establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter begin delete schools. The act states that it is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of 9 hours a week and 3 days a week to accomplish program goals. end delete begin insert schools, as specified. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of California. Existing law authorizes the department to terminate the grant of any site or program that does not comply with specified reporting requirements. end insert

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This bill would instead state that it is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which the pupils participate.

end delete begin insert

This bill would also authorize the department to withhold the grant allocation of any site or program that does not comply with these reporting requirements and would add audit resolutions to the list of these reporting requirements. The bill would define “urban and rural areas” and “northern, southern, and central California” for purposes of the provision requiring, to the extent possible, equitable distribution of grant awards across California.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 8423 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8423.  

(a)  begin insert (1) end insert begin insert   end insert The department shall select grantees to
participate in the 21st Century High School After School Safety
and Enrichment for Teens program from among applicants that
apply on forms and in a manner prescribed by the department. To
the extent possible, the selection of applicants by the department
shall result in an equitable distribution of grant awards to applicants
in northern, southern, and central California, and in urban,
suburban, and rural areas of the state.

begin insert

(2) For purposes of paragraph (1), the following terms shall
have the following meanings:

end insert begin insert

(A) “Central California” means California County
Superintendents Educational Services Association regions five to
eight, inclusive.

end insert begin insert

(B) “Northern California” means California County
Superintendents Educational Services Association regions one to
four, inclusive.

end insert begin insert

(C) “Southern California” means California County
Superintendents Educational Services Association regions 9 to 11,
inclusive.

end insert begin insert

(D) “Urban and rural areas” shall be as defined by the United
States Census Bureau.

end insert

(b) The department shall consider the following criteria in
awarding grants:

(1) Strength of the educational element and coordination with
state academic standards, preparation for the high school exit
examination, and other academic interventions.

(2) Strength of the enrichment element.

(3) Evidence of community collaboration, including
demonstrated support of the principal and staff from participating
schools.

(4) A description of the manner in which programs will provide
a safe physical and emotional environment and opportunities for
relationship building, and promote active pupil engagement.

(5) A description of the manner in which the program design
will be periodically reexamined in order to maintain strong pupil
interest.

(6) A description of plans to attract pupils, particularly pupils
considered at risk or in need of academic support, on a regular
basis.

(c) The application shall certify all of the following:

(1) Completion of an assessment of pupils’ preferences for
program activities.

(2) Access to, and availability of, computers and technology.

(3) Inclusion of a nutritional snack, meal, or both, and a physical
activity element.

(4) That the program will meet all of the evaluation
requirements.

(5) Fiscal accountability.

(6) Collection and use of pupil social, behavioral, or skill
development data collection to support quality program
improvement processes. These pupil data outcomes may relate to
specific social-emotional competencies, including, but not
necessarily limited to, social skills, self-control, academic mindset,
perseverance, conflict resolution, and school-connectedness.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8426 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8426.  

(a) (1) A grantee that establishes a program pursuant
to this chapter is eligible to receive a five-year grant of up to two
hundred fifty thousand dollars ($250,000) per year per site in a
program, subject to semiannual attendance reporting. Funding for
a grant shall be allocated in annual increments for a period of not
more than five years, contingent upon the availability and
appropriation of federal funds by the Legislature for those grants.

(2) The department shall notify new grantees of their award
status and dollar amount of the award, if any, in writing on or
before May 15 of each year in which new grants are awarded. The
grantee shall notify the department in writing of its acceptance of
the grant.

(3) A first-year grant award shall be made no later than 60 days
after enactment of the annual Budget Act and any authorizing
legislation. A grant award for the second and subsequent fiscal
years shall be made no later than 30 days after enactment of the
annual Budget Act and any authorizing legislation.

(b) The department shall allocate 25 percent of the grant amount
each year no later than 30 days after the grant award acceptance
letter is received by the department.

(c) (1) Not more than 15 percent of each annual grant amount
may be used by a grantee for administrative costs. For purposes
of this article, administrative costs shall include indirect costs.
Indirect costs shall not exceed the lesser of the following:

(A) The grantee’s indirect cost rate, as approved by the
department for the appropriate fiscal year.

(B) Five percent of the state program funding received pursuant
to this article.

(2) In addition to the funding allowed for administrative costs
pursuant to paragraph (1), up to 15 percent of the first year’s annual
grant award for each after school grant recipient may be used for
startup costs.

(3) Funding made available pursuant to this subdivision shall
not result in an increase in the total funding of a grantee above the
approved grant amount.

(d) Grantees are subject to semiannual attendance reporting
during each year of the grant.

(1) The department shall provide technical support for
development of a program improvement plan for grantees under
either of the following conditions:

(A) If actual pupil attendance falls below 75 percent of the
proposed levels in any year of the grant.

(B) If the grantee fails, in any year of the grant, to demonstrate
measurable outcomes pursuant to Section 8427.

(2) If the actual pupil attendance falls below 75 percent of the
proposed attendance level at the end of the second year of the
grant, the department may reduce funding for the grantee.

(3) The department shall adjust the grant level of any school in
the program that is under its proposed attendance level by more
than 15 percent in each of two consecutive years.

(4) In any year, after the first grant-year period, that the actual
attendance level of a school within the program falls below 75
percent of the proposed attendance level, the department shall
perform a review of the program and may adjust the grant level
as the department deems appropriate.

(e) Notwithstanding any other provision of this section or any
other law, the department may at any time terminate the grant of
a school in a public school program that fails in three consecutive
years to meet either of the following requirements:

(1) Demonstrate program outcomes pursuant to Section 8427.

(2) Attain 75 percent of its proposed attendance levels after
having its program reviews and grant level adjusted by the
department.

(f) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of
the second year of the grant.

(g) (1) The administrator of a program may supplement, but
not supplant, existing funding for after school programs with grant
funds awarded pursuant to this article.

(2) In addition to administrative costs, a program participant
may expend up to the greater of 6 percent of its state funding or
seven thousand five hundred dollars ($7,500) to collect outcome
data for evaluation and for reports to the department.

(3) All state funding awarded to a program pursuant to this
article that remains after subtracting the administrative costs,
startup costs, and outcome data costs authorized by subdivisions
(c) and (d) shall be allocated to the program site for direct services
to pupils.

(h) When determining grant award amounts after each grant
year, the department may consider whether a program is operating
consistent with the terms of its application, including whether the
number of pupils served on a regular basis is consistent with the
number estimated, and may consider the strength of any
justifications or future plans offered by the program to address
inconsistencies with the terms of the application. If the department
finds that a program is not operating consistent with the terms of
its application, the department may take appropriate action,
including denying grant awards or reducing the level of grant
funding.

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(i) The department may withhold or terminate the grant
allocation of any site or program that does not comply with audit
resolutions, fiscal reporting, attendance reporting, or outcomes
reporting requirements required by the department.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8483.3 of the end insert begin insert Education Code end insert begin insert , as amended by
Section 14 of Chapter 370 of the Statutes of 2014, is amended to
read: end insert

8483.3.  

(a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. begin delete To the extent possible, the
selection of applicants by the department shall result in an equitable
distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California. end delete

(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:

(1) Percentage of pupils eligible for free and reduced-price
lunch.

(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.

(c) The application shall certify all of the following:

(1) Inclusion of an educational element.

(2) Inclusion of an enrichment element. These opportunities
may include arts, career technical education, recreation, technology,
and other activities to support positive youth development.

(3) That the program will provide a safe physical and emotional
environment, opportunities for relationship building, and promote
active pupil engagement.

(4) Staff training and development will be provided.

(5) Integration with the regular schoolday and other expanded
learning opportunities.

(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.

(7) Opportunities for physical activity.

(8) Inclusion of a nutritional snack, meal, or both.

(9) Fiscal accountability.

(10) Availability of required local matching funds.

(11) That the program will meet all of the evaluation
requirements.

(12) Collection and use of pupil social, behavioral, or skill
development data collection to support quality program
improvement processes. These pupil data outcomes may relate to
specific social-emotional competencies, including, but not
necessarily limited to, social skills, self-control, academic mindset,
perseverance, conflict resolution, and school-connectedness.

(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 8483.7 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8483.7.  

(a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year after school
grant, that shall be awarded in three one-year increments and is
subject to semiannual attendance reporting and requirements as
described in Section 8482.3 once every three years.

(i) The department shall provide technical support for
development of a program improvement plan for grantees under
the following conditions:

(I) If actual pupil attendance falls below 75 percent of the target
attendance level in any year of the grant.

(II) If the grantee fails, in any year of the grant, to demonstrate
measurable outcomes pursuant to Section 8484.

(ii) The department shall adjust the grant level of any school
within the program that is under its targeted attendance level by
more than 15 percent in each of two consecutive years.

(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.

(iv) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of
the second year of the grant.

(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum
grant amounts provided under this subdivision.

(vi) The department may begin insert withhold or end insert terminate the grant
begin insert allocation end insert of any site or program that does not comply with begin insert audit
resolutions, end insert fiscal reporting, attendance reporting, or outcomes
reporting requirements begin delete established by the department and pursuant
to Section 8484. The department may withhold the grant allocation
for a program or site if the prior grant year’s fiscal or attendance
reporting remains outstanding, until the reports have been filed
with the end delete begin insert required by the end insert department.

(vii) Notwithstanding any other provision of this subdivision
or any other law, after the technical assistance required under
clause (i) has been provided, the department may at any time
terminate the grant of a school in a program that fails for three
consecutive years to meet either of the following requirements:

(I) Demonstrate measurable program outcomes pursuant to
Section 8484.

(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.

(B) After school grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to
expand existing programs.

(C) The maximum total after school grant amount awarded
annually pursuant to this paragraph shall be one hundred twelve
thousand five hundred dollars ($112,500) for each regular school
year for each elementary school and one hundred fifty thousand
dollars ($150,000) for each regular school year for each middle or
junior high school. The Superintendent shall determine the total
annual after school grant amount for which a site is eligible based
on a formula of seven dollars and fifty cents ($7.50) per pupil per
day of pupil attendance that the program plans to serve, with a
maximum total grant of thirty-seven dollars and fifty cents ($37.50)
per projected pupil per week, and a formula of seven dollars and
fifty cents ($7.50) per projected pupil per day of staff development,
with a maximum of three staff development days per year. A
program may provide the three days of staff development during
regular program hours using funds from the total grant award.

(2) For large schools, the maximum total grant amounts
described in paragraph (1) may be increased based on the following
formulas, up to a maximum amount of twice the respective limits
specified in paragraph (1):

(A) For elementary schools, multiply one hundred thirteen
dollars ($113) by the number of pupils enrolled at the schoolsite
for the normal schoolday program that exceeds 600.

(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.

(3) The maximum total grant amounts set forth in subparagraph
(C) of paragraph (1) may be increased from any funds made
available for this purpose in the annual Budget Act for participating
schools that have pupils on waiting lists for the program. Grants
may be increased by the lesser of an amount that is either 25
percent of the current maximum total grant amount or equal to the
proportion of pupils unserved by the program as measured by
documented waiting lists as of January 1 of the previous grant
year, compared to the actual after school enrollment on the same
date. The amount of the required cash or in-kind matching funds
shall be increased accordingly. First priority for an increased
maximum grant pursuant to this paragraph shall be given to schools
that qualify for funding pursuant to subdivision (b) of Section
8482.55. Second priority shall be given to schools that receive
funding priority pursuant to subdivision (f) of Section 8482.55.

(4) The minimum total after school grant amount for each
schoolsite that may be awarded pursuant to this section shall be
computed by multiplying the applicable rate per pupil per day of
pupil attendance by 20 pupils being served for 180 regular
schooldays.

(5) A school that establishes a program pursuant to this section
is eligible to receive a summer grant to operate the program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of the
lesser of the following amounts:

(A) Seven dollars and fifty cents ($7.50) per day per pupil.

(B) Thirty percent of the total grant amount awarded to the
school per school year pursuant to subparagraph (C) of paragraph
(1).

(C) Notwithstanding subparagraphs (A) and (B), the maximum
total summer grant that may be awarded annually pursuant to this
paragraph shall be thirty-three thousand seven hundred fifty dollars
($33,750) for each regular school year for each elementary school
and forty-five thousand dollars ($45,000) for each regular school
year for each middle or junior high school.

(6) Additional funding may be made available for transportation
in programs that meet the requirements of Section 8484.65, in an
amount not to exceed fifteen thousand dollars ($15,000) per site,
per school year, as funds are available, in accordance with the local
community after school program needs as determined by the
department. Programs shall submit to the department for
consideration evidence of the need for after school transportation
funds specific to after school programs pursuant to this article.
Funding under this paragraph may be used to supplement, but not
supplant, local transportation services.

(7) Each program shall provide an amount of cash or in-kind
local funds equal to not less than one-third of the total grant from
the school district, governmental agencies, community
organizations, or the private sector. Facilities or space usage may
fulfill not more than 25 percent of the required local contribution.

(8) (A) A grantee may allocate, with departmental approval,
up to 125 percent of the maximum total grant amount for an
individual school, so long as the maximum total grant amount for
all school programs administered by the program grantee is not
exceeded.

(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have
an established waiting list for enrollment, and may transfer only
from another school program that has met a minimum of 70 percent
of its attendance goal.

(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.

(c) Up to 15 percent of the initial year’s grant amount for each
grant recipient may be used for startup costs. Under no
circumstance shall funding for startup costs result in an increase
in the grant recipient’s total funding above the approved grant
amount.

(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the date
the grantee accepts the grant.

(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis
of the program start date, as determined by the department.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 8484 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8484.  

(a) As required by the department, programs established
pursuant to this article shall submit annual outcome-based data for
evaluation. The department may consider these outcomes when
determining eligibility for grant renewal.

(1) To demonstrate program effectiveness, grantees shall submit,
using the unique statewide pupil identifiers, for participating pupils
who are unduplicated pupils, both of the following:

(A) Schoolday attendance on an annual basis.

(B) Program attendance on a semiannual basis.

(2) Programs shall submit evidence of a data-driven program
quality improvement process that is based on the department’s
guidance on program quality standards developed pursuant to
paragraph (3).

(3) The department may develop additional measures for this
begin delete subdivision end delete begin insert subdivision, end insert including, but not limited to, program
quality standards. Additions shall be developed in consultation
with the evaluation committee of the advisory committee.

(4) Programs shall submit information adopted through the
process outlined in subdivision (c).

(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department
may terminate the program as described in subdivision (a) of
Section 8483.7. The department shall consider multiple outcomes
and not rely on one outcome in isolation.

(2) For purposes of this section, “consistently fails to
demonstrate measurable program outcomes” means failure to meet
program effectiveness requirements pursuant to the criteria in
paragraphs (1) and (2) of subdivision (a).

(3) Measurable program outcomes may be demonstrated by,
but are not limited to, comparing pupils participating in the
program to nonparticipating pupils at the same schoolsite.

(c) The department shall develop standardized procedures and
tools to collect the indicators in paragraphs (1) and (2) of
subdivision (a). The department shall consult with the evaluation
committee of the Advisory Committee on Before and After School
Programs pursuant to Section 8484.9.

begin insert

(d) (1) To the extent possible, the selection of applicants by the
department pursuant to this article shall result in an equitable
distribution of grant awards to applicants in northern, southern,
and central California, and in urban, suburban, and rural areas
of the state.

end insert begin insert

(2) For purposes of paragraph (1), the following terms shall
have the following meanings:

end insert begin insert

(A) “Central California” means California County
Superintendents Educational Services Association regions five to
eight, inclusive.

end insert begin insert

(B) “Northern California” means California County
Superintendents Educational Services Association regions one to
four, inclusive.

end insert begin insert

(C) “Southern California” means California County
Superintendents Educational Services Association regions 9 to 11,
inclusive.

end insert begin insert

(D) “Urban and rural areas” shall be as defined by the United
States Census Bureau.

end insert

begin delete

SECTION 1.  

Section 8483 of the Education Code is amended
to read:

8483.  

(a) (1) Every after school component of a program
established pursuant to this article shall commence immediately
upon the conclusion of the regular schoolday, and operate a
minimum of 15 hours per week, and at least until 6 p.m. on every
regular schoolday. Every after school component of the program
shall establish a policy regarding reasonable early daily release of
pupils from the program. For those programs or schoolsites
operating in a community where the early release policy does not
meet the unique needs of that community or school, or both,
documented evidence may be submitted to the department for an
exception and a request for approval of an alternative plan.

(2) It is the intent of the Legislature that elementary school and
middle school or junior high school pupils participate in the full
day of the program every day during which pupils participate.

(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.

(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section
8483.7.

end delete